Senate Judiciary chairman blasts John Roberts for inaction on Supreme Court reform

Senate Judiciary Committee Chairman Dick Durbin (Ill.) criticized Chief Justice John Roberts on Thursday for failing to enact ethics reform before the court wrapped up its term this month and pledged to advance a Democratic ethics reform bill soon.   

“Many questions remain at the end of the court’s latest term regarding its reputation, credibility, and ‘honorable’ status. I’m sorry to see Chief Justice Roberts end the term without taking action on the ethical issues plaguing the court,” Durbin said.  

Durbin juxtaposed recent reports by ProPublica about lavish vacations that conservative Justices Clarence Thomas and Samuel Alito accepted from conservative donors with the court’s recent “decisions that dismantled longstanding precedents and the progress our country has made over generations.” 

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His comments appeared to reference the court’s decision in Students for Fair Admissions v. Harvard — in which six conservative justices rejected affirmative action programs at Harvard and the University of North Carolina — as well as its decision last year to overturn Roe v. Wade and the constitutional right to an abortion. 

“The highest court in the land should not have the lowest ethical standards. That’s why, as I previously announced, the Senate Judiciary Committee will mark up Supreme Court ethics reform legislation when the Senate returns after the July 4th recess,” Durbin said.  

Durbin said he would announce the timing of a vote in his committee on court reform legislation “early next week.” 

“Since the chief justice has refused to act, the Judiciary Committee must,” he said. 

Durbin hasn’t said what legislation he plans to mark up, but one contender is the Supreme Court Ethics, Recusal and Transparency Act sponsored by Sen. Sheldon Whitehouse (D-R.I.), who chairs the Judiciary subcommittee on courts. 

Whitehouse’s bill would require the Supreme Court to adopt a code of conduct for itself and require justices to adhere to the same gift, travel and income disclosure standards as members of Congress. 

The legislation would require the Supreme Court to publish its ethics rules and procedures on its website and establish an investigative board made up of circuit court judges to review complaints against Supreme Court justices.  

The Senate Judiciary Committee held a hearing on Supreme Court ethics reform in May, which Durbin invited Roberts to attend.  

The chief justice declined the invitation, pointing out in a letter to Durbin that testimony by the chief justice before the Senate Judiciary panel is “exceedingly rare” given the “separation of powers concerns and the importance of preserving judicial independence.”